Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-02-25
NOTICE.


| Alien, late OF the city Of Burlington, In the
| county of Chittcndcu, vermont, an Of said
| city, having TINS day filed in said coIr their
hii oi omplaint against joel II. Gacs II said
! city, udmnistrutOrOl the estate of John b.
| Allen, ate of said city, deceased, and Mary H.
Radcliffe and her HUSBAND, james q. Ra9CliGc
OF Rochester IN the State 0t New York James
G.. Greene OF Elizabeth in the State of New
Jersey, Sarah a. Barker and her husband
Luther II. Barker Of Moline in the Sta of
Illinois, Louise NJ. Wells and her husband Al
bert Wells of Audubon IN the STATE OF Iowa.
and Caroline Patterson and her husband
james Patterson OF tiocktpn in the State Of
| California, setting forth in SUI stance, that
SAID Christopher c. Alien, made his Will bear
ing date May 4, 1883. wherein he directed the
the pawn Mt oi his Just debts and funeral ey
penscs, and gave to his wife. Mary f. Allen,
the use, during her natural life, of his home
stead place IN said city of Bur 1gton, and the
use of all his household furniture and other
goods, chattcls and fleets in and about his
dwelling house and being a part Of his d Imcs-
tic establishment, and also giving to his son,
John Is. Allen, ana the SAID Lena NJ. the prl-
vicgc of residing with said Mary f.. and hay
inR II home So long rs they desired; and also
gave t. said John b VITA whom said tcstatOr
was in co partnersh p, all MS title aud inter
est IN ard to all of the partnership assets. in
GLIDING stock IN trade, debts due and every
species OF property subject to the ayment
and discharge by said JOhn B. of all the debts
and Liabilities of said firm. and the private
debts of SAID testatOr, but upon the condition
that said John Is. should, curing the life time
of said Mary f., furnish all { he supplies neces-
sary for hCr and her family. as afOTesa d.
while tn y occupy sa Il homestead. and should
at all times furnish the said Nlary f. with all
ncco ssaries Of lii", suitable medicine and
medical attendance nay all taxes on said
h lmcStead and cost aud expense of keeping
the same in repair and of keeping and mann
tanning said Lena NJ while she elects TO live
at said homestead, and should pa to SAID
Mary + during her life, for her personal use
the sum OF ten 10, lars if demanded. in quarter
yearly pawn nts, and all the expenses OF her
dcath ana Durla ana should pay the mort
gage on said homestead of S2OO0.00, and should
secure the rormance on hi. part of the
foregoing conditions to the satisfaction Of
| sulu Mary H.. within enable time after
tue dcCease of said Christopher c. and in con-
sideration that sand John b. WIS required to
bay said mortgage on said homestead, said
Mary f., as eXecutrix of said will, was author
lied and directed upon payment of said mort
gage 10y said John Il to convey to HIM forty
feet in width of of the cast side of SAID home
stead Tree and clear OF all her interest and of
slld Christopher G. S estate therein; and dis
tributng he residue OF said e-tate among his
heirs according to law; and nominated the
said Mary +. eXccutrix of said Will, and set
ny forth that the provisions made in said
will in behalf of said Mary f. should he accept
ed 10y her in lieu OF homestead and dover, and
of an assignment of personal property.
That said Christopher c. died May ), 1855.
| without revoking or altering said will and
that he same was, july q, lSs3. proved, al
lowed and established before the Probate
Court for the District of Chittenden that said
Christopher c. left surviving him as his widow
said Mary Is his son, ;aid John B., his grand
sad will, all OF whom, ave SAID John b.,
still survive; that under the provisions of said
will and wIthOat letters testamentary issuing
thereon said John b. proceeded to take pos.
, session and control OF sand partnership assets,
to convert them TO his own use, the testAtOrs
interest therein at his death being about
, SNOOlO; that SAID John b. proceeded to pay
all the par nership and individual debts of said
testatOr except the mortgage dett on said
homestead, and entered upon the discharge
OF the ether obligations i'll said will in respect
to the payment OF the cost and expense OF the
support ana maintenance OF SAID Mary Il. and
, said Lena NJ. and of the taxes and repairs up
on said homestead, and also paid several in
stalments OF interest accrued upon said mort
; gHue debit that 4 Dril %. l-S1. said John r.
a died without having paid said mortgage debt.
or having secured to said Mary +. the per-
formance OF the condition of said bequest as
provided in said will, and LETT surviving him
said Mary II Radcliffe, James G; Greene,
Sarah A. Parker, Louise NJ. Wells and Caroline
: Patterson, who are his sole heirs at law; that
that April q, lss5 said Joel II. Gates was duly
appointed administrators of the estate OF said
John Is. and commissioners were appointed to
| pass upon claims against said estate, ana the
orators believe all claims allowed 10y such
e commissioners have been paid and said admin
[ Istrator is ready to settle his account pre-
paratory to final distribution of said estate
t that April y, 1883, said Cha les A. : inner was
duIy appointed administrator OF the estate OF
: AID Christ OphCr &. and Is now rtjt.y 20 con-
5 vcy to the estate OF sand John -. upuu pay
ment Of said mortgage debt, that u lrtiOl of
said homestead. which hy the terms of said
! will was to Ia conveyed said John :.
Aud praying that the said John Il, by nc
cCptlnE III provisions OF said will be judg-
cd Dol gdtt d III equity TO perform all the con-
dilio.s upon which said partnership assets
were bcqueathcd TO him, and the perform
ance OF said conditions be charged as An
equitable lien upon ms estate now in the
HAMS OF his Administrator; tnat said admin
istrator bc directed TO pay olt Of the estate
: OF said John b. said mortgage debt; ana that
said sumner. administrator. Toe ordered to
convey t.. he leRaile rest natives of adJohn
b., such pJruon OF said homestead as is pro-
vided III said will; that the administrator OF
i said John BIS estate he di' ected TO pay all
d costs and expenses OF repairs on san home
5 stead and the taxes thereon, ana all expenses
and costs OF the support OF SAID Mary L. and
= said Lena NJ. aud the annuity under said will.
remained
since the death of said John b.. and also the
- OF these expenses of the admini-trat OF
his proceedings, and that same be al
lowed 10y the Probate Court for said dis
trict in the settlement of the account of said
John BIS Administrator; that the conditions
: of the Oequcst to sad John b. be secured upon
e his estate, or SO much thereof as will afford
. adequate security tor the performance there
II of, and that SUCH portion be delivered 10y said
= Gates, administrator, to Il trustee or trustees
appointed by said Probate Court to he held
n first for the satisfaction of the COudi ions of
/ said bequest to said John b, ana afterwdrd
c for the benefit of his heirs AT law.
" or in lieu o the cef prayed for the last
IL foregoing paragraph that such balance or pOr-
IS ton IN the election of the heirs at law of said
: John b. may be decreed to them by said Pro-
t bate Court upon their furnishing sad Ga cS
$ administrator, good and sutfcl MT bond, oI
other security satisfactory To SAID Mary l..
j. conditioned tor the faithful per OrmauCe OF
Z condition of said bequest to said John B that
d an accounting may uc taken OF the amount
IL of said John Is S estate available tor distribu
: ton, of all expenses ana charges which the
t. orators claim should be paid out of such es-
= tate and OF all matters and things necessary
10 enable the Court to determine what por-
tion, if not the whole, of the balance of sand
estate should be held IN trust as aforesaid
- and to make all other requisite orders and de-
crces herein; that the orators may have sucl
furt her relief as the nature of the case may
e require.
I, And It appearing that said Mary H. Rad
If cliie James f. Radcliffe, james q. Greene
Sarah \. Barker, Luther II. Barker, Louise
Of NJ Wells, Albert Wells, Caroline Patterson
id and james Patterson reside out of tho Statt
of Vermont SO that service OF Il subj u'ua cat
IN not he made upon them; II is orc ercd,tua IN,
lt above namei defendants Mary II. k-ucutle
Ill James +. Radcliffe, James G. Greene Sarat
- A. Barker, Luti er II. Barker, Louise Vi
If Wells, Albert Wells, Caroline Patterson an,
Of james Patterson be notified TO appear before
'e the Court OF thanccry, TO he held ut Buring
n ton, in The County OF Chlttenden, on the frs
&c Tuesday of April lSS7, toianswer to said peti t
s. ion, by publishing this orderthrce weeks sue
81 cessively in the Burlington FRtE PRES
the last of which publl, atiOnS snail u
n | at DAYS DrpNlOnS said term